SB481: Bill Text

SB481,23,15 (10) Obligations and debts not those of county. The obligations and debts of the Milwaukee County child welfare district are not the obligations or debts of the county that created the district.

SB481,23,20 (11) Assistance to Milwaukee County child welfare district. From moneys in the county treasury that are not appropriated to some other purpose, the county board of supervisors of the county that created the Milwaukee County child welfare district may appropriate moneys to the district as a gift or may lend moneys to the district.

SB481,24,3 (12) Dissolution. Subject to the performance of its contractual obligations and to prior approval by the secretary of health and family services, the Milwaukee County child welfare district may be dissolved by joint action of the district board and county board of supervisors of the county that created the district. If the district is dissolved, the property of the district shall be transferred to the county board of supervisors of the county that created the district, except that if the district has funds in a risk reserve disposition of those funds shall be made under the terms of the district's contract with the department.

SB481, s. 34 Section 34. 48.62 (1) (a) of the statutes is amended to read:

SB481,24,11 48.62 (1) (a) Any person who receives, with or without transfer of legal custody, 4 or fewer children or, if necessary to enable a sibling group to remain together, 6 or fewer children or, if the department promulgates rules permitting a different number of children, the number of children permitted under those rules, to provide care and maintenance for those children shall obtain a license to operate a foster home from the department, a county department a public licensing agency or a licensed child welfare agency as provided in s. 48.75.

SB481, s. 35 Section 35. 48.62 (1) (b) of the statutes is amended to read:

SB481,24,17 48.62 (1) (b) Any person who receives, with or without transfer of legal custody, 4 or fewer children into a home to provide care and maintenance and structured, professional treatment for those children shall obtain a license to operate a treatment foster home from the department, a county department a public licensing agency or a licensed child welfare agency as provided in s. 48.75.

SB481, s. 36 Section 36. 48.62 (2) of the statutes is amended to read:

SB481,25,9 48.62 (2) A relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department A public licensing agency or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department A public licensing agency or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978 or ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB481, s. 37 Section 37. 48.62 (3) of the statutes is amended to read:

SB481,25,16 48.62 (3) When the department, a county department a public licensing agency or a child welfare agency issues a license to operate a foster home or treatment foster home, the department, county department public licensing agency or child welfare agency shall notify the clerk of the school district in which the foster home or treatment foster home is located that a foster home or treatment foster home has been licensed in the school district.

SB481, s. 38 Section 38. 48.627 (2) (a) of the statutes is amended to read:

SB481,26,2 48.627 (2) (a) Before the department, a county department a public licensing agency, as defined in s. 48.75 (1b), or a licensed child welfare agency may issue, renew, or continue a foster home, treatment foster home, or family-operated group home license, the public licensing agency or licensed child welfare agency shall require the applicant to furnish proof satisfactory to the public licensing agency or licensed child welfare agency that he or she has homeowner's or renter's liability insurance that provides coverage for negligent acts or omissions by children placed in a foster home, treatment foster home, or family-operated group home that result in bodily injury or property damage to 3rd parties.

SB481, s. 39 Section 39. 48.627 (2) (b) of the statutes is amended to read:

SB481,26,9 48.627 (2) (b) A public licensing agency or licensed child welfare agency may, in accordance with rules promulgated by the department, waive the requirement under par. (a) if the applicant shows that he or she is unable to obtain the required insurance, that he or she has had a homeowner's or renter's liability insurance policy canceled, or that payment of the premium for the required insurance would cause undue financial hardship.

SB481, s. 40 Section 40. 48.627 (2) (d) of the statutes is amended to read:

SB481,26,12 48.627 (2) (d) The public licensing agency or licensed child welfare agency shall specify the amounts of liability insurance coverage required under par. (a).

SB481, s. 41 Section 41. 48.63 (1) of the statutes is amended to read:

SB481,27,5 48.63 (1) Acting pursuant to court order or voluntary agreement, the child's parent or guardian or the department of health and family services, the department of corrections, a county department, the Milwaukee County child welfare district, or a child welfare agency licensed to place children in foster homes or, treatment foster homes, or group homes may place a child or negotiate or act as intermediary for the placement of a child in a foster home, treatment foster home, or group home. Voluntary agreements under this subsection may not be used for placements in facilities other than foster, treatment foster, or group homes and may not be extended. A foster home or treatment foster home placement under a voluntary agreement may not exceed 6 months. A group home placement under a voluntary agreement may not exceed 15 days. These time limitations do not apply to placements made under s. 48.345, 938.183, 938.34, or 938.345. Voluntary agreements may be made only under this subsection and shall be in writing and shall specifically state that the agreement may be terminated at any time by the parent or guardian or by the child if the child's consent to the agreement is required. The child's consent to the agreement is required whenever the child is 12 years of age or older.

SB481, s. 42 Section 42. 48.64 (1) of the statutes is amended to read:

SB481,27,11 48.64 (1) Definition. In this section, "agency" means the department of health and family services, the department of corrections, a county department . The Milwaukee County child welfare district, or a licensed child welfare agency authorized to place children in foster homes or, treatment foster homes, or group homes.

SB481, s. 43 Section 43. 48.64 (1r) of the statutes is amended to read:

SB481,27,17 48.64 (1r) Notification of school district. When an agency places a school-age child in a foster home, treatment foster home, or a group home, the agency shall notify the clerk of the school district in which the foster home, treatment foster home, or group home is located that a school-age child has been placed in a foster home, treatment foster home, or group home in the school district.

SB481, s. 44 Section 44. 48.64 (4) (a) of the statutes is amended to read:

SB481,28,25 48.64 (4) (a) Any decision or order issued by an agency that affects the head of a foster, treatment foster, or group home or the children involved may be appealed to the department under fair hearing procedures established under department rules. The department shall, upon receipt of an appeal, give the head of the home reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as the department considers necessary. The department shall give notice of the hearing to the head of the home and to the departmental subunit, county department, child welfare district, or child welfare agency that issued the decision or order. Each person receiving notice is entitled to be represented at the hearing. At all hearings conducted under this subsection, the head of the home, or a representative of the head of the home, shall have an adequate opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, to establish all pertinent facts and circumstances, and to question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses. The department shall grant a continuance for a reasonable period of time when an issue is raised for the first time during a hearing. This requirement may be waived with the consent of the parties. The decision of the department shall be based exclusively on evidence introduced at the hearing. A transcript of testimony and exhibits, or an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the findings of the hearing examiner shall constitute the exclusive record for decision by the department. The department shall make the record available at any reasonable time and at an accessible place to the head of the home or his or her representative. Decisions by the department shall specify the reasons for the decision and identify the supporting evidence. No person participating in an agency action being appealed may participate in the final administrative decision on that action. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the head of the home and to the departmental subunit, county department , child welfare district, or child welfare agency that issued the decision or order. The decision shall be binding on all parties concerned.

SB481, s. 45 Section 45. 48.685 (2) (am) (intro.) of the statutes is amended to read:

SB481,29,8 48.685 (2) (am) (intro.) The department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board shall obtain all of the following with respect to a caregiver specified in sub. (1) (ag) 1. b., a nonclient resident of an entity, and a person under 18 years of age, but not under 12 years of age, who is a caregiver of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a day care provider that is certified under s. 48.651:

SB481, s. 46 Section 46. 48.685 (2) (am) 5. of the statutes is amended to read:

SB481,29,20 48.685 (2) (am) 5. Information maintained by the department under this section and under ss. 48.651 (2m), 48.75 (1m), and 120.13 (14) regarding any denial to the person of a license, continuation or renewal of a license, certification, or a contract to operate an entity for a reason specified in sub. (4m) (a) 1. to 5. and regarding any denial to the person of employment at, a contract with , or permission to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, continuation or renewal of a license, certification, a contract, employment, or permission to reside as described in this subdivision, the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board need not obtain the information specified in subds. 1. to 4.

SB481, s. 47 Section 47. 48.685 (2) (bb) of the statutes is amended to read:

SB481,30,15 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, Milwaukee County child welfare district, school board , or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 , or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB481, s. 48 Section 48. 48.685 (2) (bd) of the statutes is amended to read:

SB481,31,7 48.685 (2) (bd) Notwithstanding pars. (am) and (b) 1., the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with, or permitted to reside at an entity for a reason specified in sub. (4m) (b) 1. to 5. and with respect to whom the department, county department, Milwaukee County child welfare district, child welfare agency, school board , or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with, or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department, a county department, a child welfare agency , the Milwaukee County child welfare district, or a school board from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

SB481, s. 49 Section 49. 48.685 (2) (bm) of the statutes is amended to read:

SB481,31,25 48.685 (2) (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity determines that the person's employment, licensing, or state court records provide a reasonable basis for further investigation, the department, county department, child welfare agency, child welfare district, school board, or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a. The department, county department, child welfare agency, Milwaukee County child welfare district, school board, or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

SB481, s. 50 Section 50. 48.685 (3) (a) of the statutes is amended to read:

SB481,32,11 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board considers appropriate, the department, county department, child welfare agency, child welfare district, or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified, or contracted to operate an entity, for all persons who are nonclient residents of an entity, and for all persons under 18 years of age, but not under 12 years of age, who are caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.

SB481, s. 51 Section 51. 48.685 (3m) of the statutes is amended to read:

SB481,32,19 48.685 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board has obtained the information required under sub. (2) (am) or (3) (a) with respect to a person who is a caregiver specified in sub. (1) (ag) 1. b. and that person is also an employee, contractor, or nonclient resident of an entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

SB481, s. 52 Section 52. 48.685 (4m) (a) (intro.) of the statutes is amended to read:

SB481,33,4 48.685 (4m) (a) (intro.) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, a county department may not certify a day care provider under s. 48.651, a county department, the Milwaukee County child welfare district, or a child welfare agency may not license, or renew the license of, a foster home or treatment foster home under s. 48.62, and a school board may not contract with a person under s. 120.13 (14), if the department, county department, child welfare agency, child welfare district, or school board knows or should have known any of the following:

SB481, s. 53 Section 53. 48.685 (4m) (ad) of the statutes is amended to read:

SB481,33,12 48.685 (4m) (ad) The department, a county department , the Milwaukee County child welfare district, or a child welfare agency may license a foster home or treatment foster home under s. 48.62, a county department may certify a day care provider under s. 48.651, and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) indicating that the person is not ineligible to be licensed, certified , or contracted with for a reason specified in par. (a) 1. to 5.

SB481, s. 54 Section 54. 48.685 (5) (a) of the statutes is amended to read:

SB481,34,2 48.685 (5) (a) The department may license to operate an entity, a county department may certify under s. 48.651, a county department, the Milwaukee County child welfare district, or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency , the child welfare district, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she the person has been rehabilitated.

SB481, s. 55 Section 55. 48.685 (5c) (b) of the statutes is amended to read:

SB481,34,12 48.685 (5c) (b) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the county department that he or she has been rehabilitated may appeal to the director of the county department or his or her designee. Any person who is permitted but fails under sub. (5) (a) to demonstrate to the Milwaukee County child welfare district that he or she has been rehabilitated may appeal to the director of the child welfare district or his or her designee. Any person who is adversely affected by a decision of the director or his or her of the county department, the director of the Milwaukee County child welfare district, or a designee under this paragraph has a right to appeal the decision under ch. 68.

SB481, s. 56 Section 56. 48.685 (5m) of the statutes is amended to read:

SB481,35,7 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department, the Milwaukee County child welfare district, or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency , child welfare district, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14), and a day care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center, or day care provider, substantially related to the care of a client.

SB481, s. 57 Section 57. 48.685 (6) (a) of the statutes is amended to read:

SB481,35,18 48.685 (6) (a) The department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, a county department shall require any day care provider who applies for initial certification under s. 48.651 or for renewal of that certification, a county department, the Milwaukee County child welfare district, or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home or treatment foster home under s. 48.62, and a school board shall require any person who proposes to contract with the school board under s. 120.13 (14) or to renew a contract under that subsection, to complete a background information form that is provided by the department.

SB481, s. 58 Section 58. 48.685 (6) (b) 2m. of the statutes is created to read:

SB481,35,24 48.685 (6) (b) 2m. For caregivers who are licensed by the Milwaukee County child welfare district, for persons who are nonclient residents of an entity that is licensed by that child welfare district, and for other persons specified by the department by rule, the entity shall send the background information form to that child welfare district.

SB481, s. 59 Section 59. 48.685 (8) of the statutes is amended to read:

SB481,36,7 48.685 (8) The department, a county department, a child welfare agency, the Milwaukee County child welfare district, or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

SB481, s. 60 Section 60. 48.75 (1b) of the statutes is amended to read:

SB481,36,11 48.75 (1b) In this section, "public licensing agency" means a county department or, in a county having a population of 500,000 or more, the department or, with the approval of the department, the Milwaukee County child welfare district.

SB481, s. 61 Section 61. 48.78 (1) of the statutes is amended to read:

SB481,36,16 48.78 (1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, the Milwaukee County child welfare district, a licensed day care center, or a licensed maternity hospital.

SB481, s. 62 Section 62. 48.78 (2) (c) of the statutes is amended to read:

SB481,36,22 48.78 (2) (c) Paragraph (a) does not prohibit the department, the Milwaukee County child welfare district, or a county department from using in the media a picture or description of a child in the guardianship of the department , the child welfare district, or a county department for the purpose of finding adoptive parents for that child.

SB481, s. 63 Section 63. 48.825 (3) (a) of the statutes is amended to read:

SB481,37,3 48.825 (3) (a) The department, a county department, the Milwaukee County child welfare district, or a child welfare agency licensed under s. 48.60 to place children for adoption.

SB481, s. 64 Section 64. 48.825 (3) (d) of the statutes is amended to read:

SB481,37,9 48.825 (3) (d) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department, a county department, the Milwaukee County child welfare district, or a child welfare agency licensed under s. 48.60 or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes.

SB481, s. 65 Section 65. 48.831 (1m) (bm) of the statutes is created to read:

SB481,37,11 48.831 (1m) (bm) The Milwaukee County child welfare district.

SB481, s. 66 Section 66. 48.831 (2) of the statutes is amended to read:

SB481,37,23 48.831 (2) Report. If the department, county department, Milwaukee County child welfare district, or child welfare agency files a petition, it shall submit a report to the court containing as much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency, if the department or agency consents, the Milwaukee County child welfare district, or a county department to file a report containing the information specified in this subsection. The department, county department, Milwaukee County child welfare district, or child welfare agency shall file the report at least 5 days before the date of the fact-finding hearing on the petition.

SB481, s. 67 Section 67. 48.831 (4) (b) 4. of the statutes is created to read:

SB481,37,25 48.831 (4) (b) 4. The Milwaukee County child welfare district.

SB481, s. 68 Section 68. 48.831 (4) (e) of the statutes is amended to read:

SB481,38,11 48.831 (4) (e) The court shall order the custodian appointed under par. (b) or (c) to prepare a permanency plan under s. 48.38 for the child within 60 days after the date of the order. A permanency plan ordered under this paragraph is subject to review under s. 48.38 (5). In preparing a permanency plan, the department, county department, Milwaukee County child welfare district, or child welfare agency need not is not required to include any information specified in s. 48.38 (4) that relates to the child's parents or returning the child to his or her home. In reviewing a permanency plan, a court or panel need not is not required to make any determination under s. 48.38 (5) (c) that relates to the child's parents or returning the child to his or her home.

SB481, s. 69 Section 69. 48.832 of the statutes is amended to read:

SB481,39,4 48.832 Transfer of guardianship upon revocation of guardian's license or contract. If the department revokes the license of a county department licensed under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates the contract of a county department licensed under s. 48.57 (1) (e) or of the Milwaukee County child welfare district to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department, child welfare district, or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department, child welfare district, or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department, child welfare district, or child welfare agency specified in the motion or to another county department under s. 48.57 (1) (e) or (hm), child welfare district, or a child welfare agency under s. 48.61 (5) which that consents to the transfer. If no county department, child welfare district, or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department.

SB481, s. 70 Section 70. 48.833 of the statutes is amended to read:

SB481,39,24 48.833 Placement of children for adoption by the department, county departments, child welfare districts, and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm), the Milwaukee County child welfare district, or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm), child welfare district, or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which that is the guardian of the child. Before placing a child for adoption under this section, the department, county department, child welfare district, or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, child welfare district, or child welfare agency. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department, child welfare district, or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.

SB481, s. 71 Section 71. 48.837 (4) (c) of the statutes is amended to read:

SB481,40,8 48.837 (4) (c) Shall order the department, the Milwaukee County child welfare district, or a county department under s. 48.57 (1) (e) or (hm) to investigate the proposed adoptive placement, to interview each petitioner, to provide counseling if requested, and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child welfare agency has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the child welfare agency in place of the court-ordered report required under this paragraph.

SB481, s. 72 Section 72. 48.837 (4) (d) of the statutes is amended to read:

SB481,40,15 48.837 (4) (d) May, at the request of a petitioning parent, or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), order the department, the Milwaukee County child welfare district, or a county department under s. 48.57 (1) (e) or (hm) to place the child, pending the hearing on the petition, in any home licensed under s. 48.62 except the home of the proposed adoptive parents or a relative of the proposed adoptive parents.

SB481, s. 73 Section 73. 48.837 (6) (d) of the statutes is amended to read:

SB481,40,23 48.837 (6) (d) If the proposed placement is approved, the court shall proceed immediately to a hearing on the petition required under sub. (3). If the parental rights of the parent are terminated, the court shall order the child placed with the proposed adoptive parent or parents and appoint as guardian of the child the department, a county department under s. 48.57 (1) (e) or (hm), the Milwaukee County child welfare district, or a child welfare agency licensed to accept guardianship under s. 48.61 (5).

SB481, s. 74 Section 74. 48.839 (1) (d) of the statutes is amended to read:

SB481,41,7 48.839 (1) (d) If custody of the child is transferred under sub. (4) (b) to a county department, the Milwaukee County child welfare district, or a child welfare agency before the child is adopted, the department shall periodically bill the guardian and the surety under s. 46.03 (18) (b) or 46.10 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond against the guardian and surety.

SB481, s. 75 Section 75. 48.839 (4) (a) of the statutes is amended to read:

SB481,41,12 48.839 (4) (a) Shall transfer guardianship of the child to the department, to a county department under s. 48.57 (1) (e) or (hm), to the Milwaukee County child welfare district, or to a child welfare agency under s. 48.61 (5) and order the guardian to file a petition for termination of parental rights under s. 48.42 within 10 days.

SB481, s. 76 Section 76. 48.839 (4) (b) of the statutes is amended to read:

SB481,41,16 48.839 (4) (b) Shall transfer legal custody of the child to the department or the Milwaukee County child welfare district, in a county having a population of 500,000 or more, to a county department, or to a child welfare agency licensed under s. 48.60.